Regulations of the Online Store - www.kemplast.pl effective from June 24, 2024

I. General provisions

  1. These Regulations define the general conditions and method of providing Services electronically and selling via the Online Store www.kemplast.pl. The store is run by Mariusz Bajer and Krzysztof Suszek, running a business under the name KEMPLAST S.C. KRZYSZTOF SUSZEK, MARIUSZ BAJER entered into the register of entrepreneurs of the Central Registration and Information on Economic Activity kept by the minister responsible for economy at ul. Kanada 124A 32-650 Witkowice, NIP 5512068989, REGON 70901740, hereinafter referred to as the Seller.
  2. Contact with the Seller takes place via:
    1. e-mail address: biuro@kemplast.pl;
    2. by phone: +48 601 776 143;
    3. contact form available on the Online Store's website;
  3. These Regulations are continuously available on the website www.kemplast.pl, in a way that makes it possible to obtain, reproduce and record their content by printing or saving on a medium at any time.
  4. The Seller informs that the use of Services provided electronically may involve a risk for each Internet user, consisting in the possibility of introducing malicious software into the Customer's IT system and obtaining and modifying his data by unauthorized persons. To avoid the risk of the above-mentioned threats, the Customer should use appropriate technical measures to minimize their occurrence, in particular anti-virus programs and a firewall.
  5. The Seller has designated a single point of contact for contact with Customers, the authorities of the European Union Member States, the Commission of the European Union and the Digital Services Council referred to in the DSA Regulation. Communication at the point takes place at the e-mail address indicated in point. 2 above, in Polish and English.

II. Definitions

The terms used in the Regulations mean:

  1. Working days – these are days from Monday to Friday, excluding public holidays;
  2. Customer - a natural person with full legal capacity, a natural person running a business, a legal person or an organizational unit that is not a legal person, to which special provisions grant legal capacity, who places an Order in within the Online Store or uses other Services available in the Online Store;
  3. Civil Code - Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended);
  4. Account – part of the Online Store allocated to a given Customer, through which the Customer can perform specific activities within the Online Store;
  5. Consumer – Customer who is a consumer within the meaning of Art. 22[1] of the Civil Code;
  6. Entrepreneur - Customer who is an entrepreneur within the meaning of Art. 43[1] of the Civil Code;
  7. Regulations – this document;
  8. DSA Regulation - Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the digital single market for digital services and amending Directive 2000/31/EC (Digital Services Act );
  9. Goods – a product presented in the Online Store, the description of which is available for each of the presented products;
  10. Sales contract – Goods sales contract within the meaning of the Civil Code, concluded between the Seller and the Customer;
  11. Services - services provided by the Seller to Customers electronically within the meaning of the provisions of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended );
  12. Consumer Rights Act - Act of May 30, 2014 on consumer rights (Journal of Laws 2014, No. 827);
  13. Act on the provision of services by electronic means - Act of July 18, 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended);
  14. Order - the Customer's declaration of will, aimed directly at concluding a Sales Agreement, specifying in particular the type and number of Goods.

III. Rules for using the Online Store

  1. The use of the Online Store is possible provided that the IT system used by the Customer meets the following minimum technical requirements:
    1. computer or mobile device with Internet access,
    2. access to e-mail,
    3. Microsoft Edge version 42.x or newer, Firefox version 48.0 or newer, Chrome version 50 or newer, Opera version 50 or newer, Safari version 10.x. or newer,
    4. enabling Cookies and Javascript in the web browser.
  2. Using the Online Store means any activity of the Customer that leads to reading the content contained in the Store.
  3. The customer is obliged in particular to:
    1. not providing or transmitting content prohibited by law, e.g. content promoting violence, defamatory or violating personal rights, copyrights and other rights of third parties,
    2. use the Online Store in a way that does not interfere with its functioning, in particular through the use of specific software or devices,
    3. not taking actions such as: sending or posting unsolicited commercial information (spam) in the Online Store
    4. use the Online Store in a way that is not inconvenient for other Customers and the Seller,
    5. use all content posted in the Online Store only for your own personal use,
    6. use the Online Store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the Regulations, as well as with the general principles of using the Internet.

IV. Services

  1. The Seller enables the use of free Services via the Online Store, which are provided by the Seller 24 hours a day, 7 days a week.
  2. The service of maintaining an Account in the Online Store is available after registration. Registration takes place by completing and accepting the registration form available on one of the pages of the Online Store. The contract for the provision of the Service consisting in maintaining an Account in the Online Store is concluded for an indefinite period and is terminated when the Customer sends a request to delete the Account.
  3. The customer has the option of sending messages to the Seller using the contact form. The contract for the provision of the Service consisting in providing an interactive form enabling Customers to contact the Seller is concluded for a fixed period and terminates when the Customer sends a message.
  4. The Seller has the right to organize occasional competitions and promotions, the terms of which will each time be provided on the Store's website. Promotions in the Online Store cannot be combined, unless the Regulations of a given promotion provide otherwise.
  5. If the Customer violates the provisions of these Regulations, the Seller, after an unsuccessful request to stop or remove the violations, setting an appropriate deadline, may terminate the contract for the provision of Services with a 14-day notice period.

V. Procedure for concluding the Sales Agreement

  1. Information about the Goods provided on the Store's website, in particular their descriptions, technical and operational parameters and prices, constitute an invitation to conclude an Agreement, within the meaning of Art. 71 of the Civil Code.
  2. All Goods available in the Online Store are brand new, consistent with the Agreement and have been legally introduced to the Polish market.
  3. If the Seller uses mechanisms for individual price adjustments based on automated decision-making, I always provide this information to the Consumer when placing the Order, taking into account the requirements imposed in this respect by the provisions on the protection of personal data.
  4. The condition for placing an Order is to have an active e-mail account.
  5. If an Order is placed via the Order form available on the Online Store's website, the Order is submitted to the Seller by the Customer in electronic form and constitutes an offer to conclude a Sales Agreement for the Goods that are the subject of the Order. An offer submitted in electronic form is binding on the Customer if the Seller sends confirmation of acceptance of the Order to the e-mail address provided by the Customer, which constitutes the Seller's declaration of acceptance of the Customer's offer and upon its receipt by the Customer, a Sales Agreement is concluded. In the case of ordering Goods for which an advance payment is required, the Sales Agreement is concluded after the Seller confirms acceptance of the Order for execution and after the advance payment is credited to the Seller's bank account.
  6. Placing an order in the Online Store via telephone, by sending an e-mail or by sending a message via the contact form takes place on Business Days and hours indicated on the Online Store's website. For this purpose, the Client should:
    1. provide during a telephone conversation, in the content of an e-mail or in the content of a message sent via the contact form addressed to the Seller, the name of the Goods among the Goods available on the Store's website and its quantity,
    2. indicate the delivery method and payment method from among the delivery and payment methods provided on the Store's website,
    3. provide the data needed to complete the Order, in particular: name and surname, place of residence and e-mail address.
  7. Information on the total value of the Order referred to in the point above is provided each time by the Seller by sending an e-mail with information that the conclusion of the Sales Agreement by the Customer entails the obligation to pay for the ordered Goods, from that moment The Sales Agreement is concluded. In the case of ordering Goods for which an advance payment is required, the Sales Agreement is concluded after the Seller informs the Customer about the total value of the Order along with the information that concluding the Sales Agreement by the Customer entails the obligation to pay for the ordered Goods and after the advance payment is recorded. on the Seller's bank account.
  8. In the case of a Customer who is a Consumer, the Seller, each time after placing an Order via telephone, e-mail or contact form, sends the Customer confirmation of the terms of the placed Order.
  9. The Agreement is concluded when the Customer who is a Consumer sends (in response to the confirmation of the terms of the Order sent by the Seller) an electronic message to the Seller's e-mail address, in which the Customer: accepts the content of the sent Order and consents to its implementation and accepts the content Regulations and confirms reading the instructions on withdrawal from the Agreement.
  10. After concluding the Sales Agreement, the Seller confirms its terms to the Customer by sending them to the Customer's e-mail address or in writing to the address provided by the Customer.
  11. The sales contract is concluded in Polish, with the content consistent with the Regulations.

VI. Delivery

  1. The delivery of Goods is limited to the countries indicated by the Seller when placing the Order and is carried out to the address indicated by the Customer when placing the Order.
  2. Delivery of Goods is carried out via an external courier company.
  3. On the Store's website, in the description of the Goods, the Seller informs the Customer about the number of Business Days needed to complete the Order and its delivery, as well as the amount of fees for the delivery of the Goods.
  4. The delivery and execution time of the Order is counted in Business Days in accordance with point. VII point. 2.
  5. The Seller provides the Customer with proof of purchase.
  6. If different implementation periods are provided for the Goods covered by the Order, the longest period among those provided applies for the entire Order.

VII. Prices and payment methods

  1. The prices of the Goods are given in national currency and include all components, including VAT, customs duties and other fees.
  2. The customer can choose the following payment methods:
    1. bank transfer to the Seller's bank account (in this case, the execution of the Order will begin after the Seller sends the confirmation of acceptance of the Order to the Customer, and the shipment will be made immediately after the funds are transferred to the Seller's bank account and the Order is completed);
  3. On the Store's website, the Seller informs the Customer about the date by which he is obliged to make payment for the Order. If the Customer fails to pay within the period referred to in the previous sentence, the Seller, after an ineffective request for payment and setting an appropriate deadline, may withdraw from the Agreement pursuant to Art. 491 of the Civil Code.

VIII. Right to withdraw from the Agreement

  1. The Customer who is a Consumer may withdraw from the Agreement without giving a reason by submitting an appropriate declaration within 14 days. To meet this deadline, it is enough to send a declaration before its expiry.
  2. The Customer may formulate the declaration himself or use the declaration template provided by the Seller on the Store's website.
  3. The 14-day period is counted from the date on which the Goods were delivered or, in the case of a Service Agreement, from the date of its conclusion.
  4. Upon receipt of the declaration of withdrawal from the Agreement by the Consumer, the Seller will send confirmation of receipt of the declaration of withdrawal from the Contract to the Consumer's e-mail address.
  5. The right to withdraw from the Agreement by the Consumer is excluded in the case of:
    1. Contracts for the provision of services for which the Consumer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the Consumer, who was informed before the commencement of the provision that after the provision of the service by the entrepreneur, he will lose the right to withdraw from the contract, and took note of this;
    2. Agreement in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline to withdraw from the Agreement;
    3. Agreement in which the subject of the service is non-prefabricated Goods, manufactured according to the Consumer's specifications or serving to meet his individual needs;
    4. Contracts in which the subject of the service is Goods that deteriorate quickly or have a short shelf life;
    5. A contract in which the subject of the service is Goods delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;
    6. Contracts in which the subject of the service are products which, after delivery, due to their nature, are inseparably connected with other things;
    7. Agreement in which the subject of the service are alcoholic beverages, the price of which was agreed upon concluding the Sales Agreement, and the delivery of which may take place only after 30 days and the value of which depends on market fluctuations over which the Seller has no control;</ li>
    8. Agreement in which the Consumer expressly requested that the Seller come to him for urgent repair or maintenance; if the Seller additionally provides services other than those requested by the Consumer, or provides Goods other than spare parts necessary for repair or maintenance, the Consumer has the right to withdraw from the Agreement in relation to additional services or Goods;
    9. Contracts in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;
    10. Agreement the subject of which is the delivery of newspapers, periodicals or magazines, with the exception of the Subscription Agreement;
    11. Agreement concluded by public auction;
    12. Contracts for the provision of services for which the Consumer is obliged to pay a price, in the case of which the Consumer has expressly requested the Seller to come to him for repairs, and the service has already been fully performed with the express and prior consent of the Consumer.< /li>
    13. Contracts for the provision of services in the field of accommodation, other than for residential purposes, transport of goods, car rental, catering, services related to recreation, entertainment, sports or cultural events, if the contract specifies the day or period of service provision;</li >
    14. Agreements for the supply of Digital Content, not delivered on a tangible medium, for which the Consumer is obliged to pay the price, if the Seller commenced the provision with the express and prior consent of the Consumer, who was informed before the commencement of the provision that after the Seller has completed the provision, he will lose the right to withdraw from the contract and acknowledged it, and the Seller provided the consumer with the confirmation referred to in Art. 15 section 1 and 2 or art. 21 section 1 of the Consumer Rights Act.
  6. Other exceptions to the right to withdraw from the Agreement are indicated in Art. 38 section 2 of the Consumer Rights Act.
  7. In the event of withdrawal from a distance contract, the contract is considered not concluded. What the parties have provided is returned unchanged, unless the change was necessary to establish the nature, characteristics and functionality of the Goods. The return should be made immediately, no later than within 14 days. The purchased Goods should be returned to the Seller's address.
  8. The Seller will immediately, but no later than within 14 days from the date of receipt of the Consumer's declaration of withdrawal from the Agreement, refund all payments made by the Consumer, including the costs of delivering the Goods. The Seller refunds the payment using the same payment method used by the Consumer, unless the Consumer agrees to a different method of return, and this method will not involve any costs for the Consumer. The Seller may withhold the refund of payments received from the Customer until he receives the Goods back or the Customer provides proof of sending them back, depending on which event occurs first, unless the Seller has offered to collect the Goods from the Customer himself.
  9. If the Consumer has chosen a method of delivery of the Goods other than the cheapest standard delivery method offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer.
  10. The Customer only bears the direct cost of returning the Goods, unless the Seller has agreed to bear this cost.

IX. Complaints regarding Goods

  1. The Seller undertakes to deliver the Goods in accordance with the Agreement
  2. The Seller is liable for the non-compliance of the Goods with the contract on the terms set out in the Act on Consumer Rights towards the Customer who is a Consumer and the Customer who is a natural person concluding an Agreement directly related to his business activity, when the content of this Agreement shows that he does not have persons of a professional nature, resulting in particular from the subject of their business activity, made available on the basis of the provisions on the Central Registration and Information on Economic Activity.
  3. Complaints resulting from the violation of the Customer's rights guaranteed by law or under these Regulations should be sent to the following address: KEMPLAST S.C. KRZYSZTOF SUSZEK, MARIUSZ BAJER, ul. Kanada 124A 32-650 Witkowice, to the e-mail address: biuro@kemplast.pl, telephone number +48 601 776 143.
  4. In order to consider the complaint, the Customer should send or deliver the complained Goods, if possible, attaching proof of purchase to them. The goods should be delivered or sent to the address indicated in point. 3.
  5. The Seller undertakes to consider each complaint within 14 days from the date of its receipt.
  6. If there are any deficiencies in the complaint, the Seller will ask the Customer to complete it to the extent necessary immediately, but no later than within 7 days from the date of receipt of the request by the Customer.

X. Complaints regarding the provision of electronic services

  1. The Customer may submit complaints to the Seller in connection with the operation of the Store and the use of the Services. Complaints may be submitted in writing to the following address: KEMPLAST S.C. KRZYSZTOF SUSZEK, MARIUSZ BAJER, ul. Kanada 124A 32-650 Witkowice, to the e-mail address: biuro@kemplast.pl, telephone number +48 601 776 143.
  2. In the complaint, the Customer should provide his name and surname, correspondence address, type and description of the problem.
  3. The Seller undertakes to consider each complaint within 14 days from the date of its receipt. If there are any deficiencies in the complaint, the Seller will request the Customer to complete it to the extent necessary within 7 days from the date of receipt of the request by the Customer.

XI. Warranties

  1. The goods may have a manufacturer's warranty.
  2. In the case of Goods covered by a warranty, information regarding the existence and content of the warranty and the period for which it was granted is always presented in the description of the Goods on the Store's website.

XII. Out-of-court methods of resolving complaints and pursuing claims

  1. The Customer who is a Consumer has, among others: the following possibilities of using out-of-court methods of dealing with complaints and pursuing claims:
    1. is entitled to apply to the permanent consumer arbitration court operating at the Trade Inspection to resolve a dispute arising from the concluded Sales Agreement;
    2. is entitled to request the provincial inspector of the Trade Inspection to initiate mediation proceedings regarding the amicable settlement of the dispute between the Customer and the Seller;
    3. can obtain free assistance in resolving the dispute between the Customer and the Seller, also using the free assistance of the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers) . Advice is provided by the Consumer Federation at the free consumer hotline number 800 007 707 and by the Association of Polish Consumers at the email address advice@dlakonsumentow.pl;
    4. submit your complaint via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/.

XIII. Personal data protection

The personal data provided by the Customers is collected and processed by the Seller in accordance with applicable law and the Privacy Policy, available on the Store's website.

XIV. Final provisions

  1. All rights to the Online Store, including economic copyrights, intellectual property rights to its name, internet domain, website of the Online Store, as well as to forms and logos belong to the Seller, and they may only be used in the manner specified and consistent with the Regulations.
  2. The provisions relating to the Consumer contained in these Regulations regarding withdrawal from the contract and complaints apply to a natural person concluding a contract directly related to his/her business activity, when the content of this contract shows that it is not of a professional nature for this person, resulting in particular from the subject of its business activity, made available on the basis of the provisions on the Central Registration and Information on Economic Activity. Provisions on out-of-court methods of resolving complaints and pursuing claims do not apply.
  3. Resolution of any disputes arising between the Seller and the Customer who is a Consumer shall be submitted to the competent courts in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.
  4. The settlement of any disputes arising between the Seller and the Customer who is an Entrepreneur shall be submitted to the court having jurisdiction over the Seller's registered office.
  5. In matters not regulated in these Regulations, the provisions of the Civil Code, the provisions of the Act on the provision of electronic services, the provisions of the Consumer Rights Act and other relevant provisions of Polish law shall apply.
  6. Each Customer will be informed about any changes to these Regulations via information on the main page of the Online Store, containing a summary of the changes and the date of their entry into force. Customers who have an Account will be additionally informed about the changes along with their summary to the e-mail address provided by them. The date of entry into force of the changes will not be shorter than 14 days from the date of their announcement. If the Customer who has a Customer Account does not accept the new content of the Regulations, he or she is obliged to notify the Seller of this fact within 14 days from the date of being informed about the change in the Regulations. Notifying the Seller of non-acceptance of the new content of the Regulations results in termination of the Agreement.

Siehe auch

Dämmstoffdübel
Styropor-Abdeckkappen